Marine Transportation System National Advisory Council

1. Marine Transportation SystemNational Advisory Council SEA-21 Working Group Report May 13-14, 2002 New Orleans, LA

2. 13 May 2002 2 SEA-21 Working Group Overview MTSNAC SEA-21 Working Group convened twice October 31 � November 1, 2001, McLean, Virginia February 22, 2002, McLean, Virginia. Recommendations developed following brainstorming and discussion Legislative or program opportunities likely to be effective in addressing MTS needs Politically, technically, and institutionally feasible Sufficient common ground among various MTS constituencies to move recommendations forward Recommendations organized into five major areas Security (S), Infrastructure (I), R&D and Information Technology (R), Human Resources (H), and Environment and Safety (E)

3. 13 May 2002 3 SEA-21 Working Session Objective Develop and prioritize a list of legislative and programmatic actions required to address nationally significant marine transportation system needs

4. 13 May 2002 4 Working Group Process Overview Organized discussion around the 10 categories used in the SEA-21 industry perspective briefing Built on MTSNAC white paper, MTSNAC Subcommittee efforts, and other related work Focused on �common ground� initiatives where success is most likely, including both programmatic and legislative actions Developed �modules� that can be considered individually or collectively, depending on the legislative process Used computer-based tools to assist in capturing, organizing, prioritizing, and developing proposed actions

5. 13 May 2002 5 Background Materials Report to Congress, September 1999 MTSNAC �Challenges and Opportunities� paper, July 16, 2001 SEA-21 Industry Perspective briefing, October 2001 MTSNAC Subcommittee meeting minutes and reports, various dates, 2000-01 ICMTS needs assessment, October 2001 Other

6. 13 May 2002 6 SEA-21 Industry Brief Categories System Capacity Congestion Intermodal Connectors Port Channels Lock and Dam Infrastructure Skilled Workforce Technology Research Information Systems Security The Environment

7. 13 May 2002 7 Review, Clarify, Propose, Prioritize For each of the SEA-21 industry briefing categories the SEA-21 Working Group: Reviewed challenges, opportunities, and needs as expressed in briefings and papers Discussed, clarified, and augmented as appropriate Proposed specific legislative or programmatic actions to address needs Prioritized actions within category

8. 13 May 2002 8 Develop Selected Initiatives Beginning with highest priority initiatives, use the templates provided to indicate: Issue/Need � from white papers, briefing, subcommittee reports SEA-21 Category(ies) � one or more of the 10 Proposed Action � from prioritized list developed during workshop Rationale for Action � �make the case� for the need/opportunity based on data, analysis, past studies Order of Magnitude Estimate of Funding Requirement - $M, $B, etc.

9. 13 May 2002 9 SEA-21 Working Group Summary

10. 13 May 2002 10 SEA-21 Working Group Summary (cont�d)

11. 13 May 2002 11 SEA-21 Working Group Summary (cont�d)

12. 13 May 2002 12 SEA-21 Working Group Recommendations - Security Define the jurisdiction, roles and responsibilities Implement positive access controls for terminal facilities (anywhere in the supply chain) landside and waterside. Cargo Security: Develop/revise information systems to allow screening of shipments Assessment of vulnerability to prioritize assignment of resources and reduce risk Federal legislation to limit liability for damages due to acts of terrorism Provide federal funding for seaports and waterways security International Maritime Security standards

13. 13 May 2002 13 S-1: Define the Jurisdiction, Roles and Responsibilities Define the jurisdiction, roles and responsibilities and levels of authority of the Federal, State, local law enforcement entities and other statutorily authorized entities within the intermodal transportation system. Assess overlaps, redundancies, and gaps. Craft legislation and regulations that result in enhanced communication, staffing, planning, and execution/reaction consistent with the objectives of Homeland Security needs.

14. 13 May 2002 14 S-1: Define the Jurisdiction, Roles and Responsibilities Additional comments This activity should be expanded beyond a focus on Security to also define the jurisdiction, roles and responsibilities for the other four areas identified in the working draft (I,R,H & E) This activity should also address the jurisdictional interfaces between the Marine Transportation System and the Surface Transportation System for these same areas.

15. 13 May 2002 15 S-2: Implement Positive Access Controls for Terminal Facilities Landside and Waterside Create a single universal uniform standard credential and credentialing system for transportation and longshore workers (national in scope). Covers marine terminal workers, longshoremen, truckers, supervisors, intermodal railway workers, off dock container yard workers, U.S. Merchant Mariners, service providers and others determined by the Secretary to have access to information regarding shipment consists, cargo plans, container loading plans, cargo lists, Bills of Lading and planned vessel movements. Issued by government agency as designated by TSA to authorized individuals and should have meaningful appeal process for those denied credentials. This credential should be valid for a reasonable period of time (e.g. 5 years) and the credential should be obtained by the individual.

16. 13 May 2002 16 S-2: Implement Positive Access Controls for Terminal Facilities Landside and Waterside Additional comments The stated assumption that the Coast Guard will continue to work with the IMO to develop and coordinate international credentialing does not appear to recognize that a DOT action group, the Transportation Workers Identification Card(TWIC) group is well along in its analysis of this issue. Any initiatives recommended by the MTSNAC should reflect and coordinate with other government efforts. Recommendations should also take into consideration the many already-existing private sector worker identification systems when developing a federally-mandated ID process.

17. 13 May 2002 17 S-3: Cargo Security � Develop/revise Information Systems to Allow Screening of Shipments Enhance intelligence on the planned and actual movement of goods. Define standards and fund enhanced information systems that identify planned shipments and shipper and beneficial owner in advance of freight movement. Provide edits to identify variations from planned transportation events, such as volume, route, commodity, destination, points of origin, beneficial owner, dwell times at ports. Require verifiable vessel owner and operator identification of all arriving, transiting and departing vessels within US territorial waters.

18. 13 May 2002 18 S-3: Cargo Security � Develop/revise Information Systems to Allow Screening of Shipments Additional comments Action recommendations should include the need to designate one federal agency as the collector and disseminator of information. Companies should not have to provide the same info to multiple organizations. Meetings with the US DOT Business Practices working group have identified US Customs as the potential agency to handle this.

19. 13 May 2002 19 S-4: Assessment of Vulnerability to Prioritize Assignment of Resources and Reduce Risk Perform an assessment of the current security risks and threats to the nation's critical ports and waterways, including territories. Use assessment to allocate resources and to support port security planning.

20. 13 May 2002 20 S-5: Federal Legislation to Limit Liability for Damages Due to Acts of Terrorism Federal legislation that includes liability limitations for conveyance and facilities owners and operators for all claims and damages arising out of terrorist acts.

21. 13 May 2002 21 S-6: Provide Federal Funding for Seaports and Waterways Security Increase Coast Guard funding to insure enhanced security efforts do not detract from other USCG roles and missions. Provide federal funds to expedite security/credentialing enhancements throughout the entire MTS.

22. 13 May 2002 22 S-7: International Maritime Security Standards Task USCG to seek agreement on international cargo transportation standards at IMO. MARAD negotiate bilateral arrangements with key trading partners for standards in this area

23. 13 May 2002 23 SEA-21 Working Group Recommendations - Infrastructure Funding sources Elevate intermodalism to pursue an integrated approach to infrastructure investment NOAA PORTS Program Inland Waterways Infrastructure Improvements

24. 13 May 2002 24 I-1: Funding sources Spend the money already collected from existing sources (Harbor Maintenance Tax and Inland Waterway User Fees) for the purposes that they were collected, including the deepening and maintaining of authorized channels and the construction of new locks and dams. Give maritime intermodal connectors a higher priority under TEA-21 or the next TEA-21. Allocate general revenues to match industry user fees when needed and to solve social problems (congestion, safety, pollution, etc) when a project encourages the movement of cargo from a high congestion mode to a low congestion mode (water or rail) � a maritime CMAQ type program. Provide tax incentives for private companies that invest in these facilities and for shippers that utilize them. Find additional funds for beneficial uses of dredge materials Create a funding mechanism to utilize revenue generated from fees and taxes on maritime commerce (i.e. Customs, etc.) to provide for unmet needs of MTS infrastructure.

25. 13 May 2002 25 I-1: Funding sources Additional comments IANA supports a higher priority for all intermodal connectors, not just maritime. The intermodal infrastructure is a system and inland connectors are just as important to the seaports as purely "maritime" segments of highways. There is concern with the wording of Recommendation I-1, which addresses the subject of "Funding sources." AAR opposes initiatives that call for the imposition of user fees on the rail sector. Carriers would oppose any effort to redirect the 4.3 cent per gallon fuel tax presently paid by the rail sector from the general fund of the Treasury into a transportation trust fund. As you may be aware, the House has already passed legislation phasing out the 4.3 cent tax.

26. 13 May 2002 26 I-2: Elevate Intermodalism to Pursue an Integrated Approach to Infrastructure Investment Create an undersecretary position for intermodalism Formalize MTS intermodal and freight forecasting, research, and technology applications Integrate funding mechanisms so that projects are evaluated across modes (i.e., if a maritime project is not funded, what are the highway impacts) Fund the MTSNAC. Elevate the priority of federally funded freight and intermodal MTS projects at the local and state level. Expand public education and MTS awareness. Assess capacity of current intermodal system and ways to enhance system efficiency. Redefine and broaden the role of MARAD to include a focus on the integration of the intermodal system.

27. 13 May 2002 27 I-2: Elevate Intermodalism to Pursue an Integrated Approach to Infrastructure Investment Additional Comments The proposed undersecretary for intermodalism should assess the planning needs for the MTS and develop recommendations for appropriate planning funding levels. The issue of planning should be given more emphasis; both in terms of resources and in terms of interfacing with ongoing State and Metropolitan Surface Transportation planning. MTSNAC should recognize the important role of regional councils as conveners of effective, collaborative planning processes and should take advantage of these established organizations . The intermodal and freight forecasting recommendation does not appear to recognize the freight forecasting database that has been developed by the FHWA's. This effort should be reviewed before recommending that a separate and new initiative be undertaken.

28. 13 May 2002 28 I-3: NOAA PORTS Provide NOAA with sufficient funding for the "PORTS" program to provide real time information to mariners.

29. 13 May 2002 29 I-4: Inland Waterways Infrastructure Improvements Engage in an aggressive research and technology application program, in partnership with users of the inland waterway, to increase the safety, security and throughput productivity of the inland waterways system, including: Integrated displays of ENC, AIS, GIS, GPS, virtual maritime charts, real time depth information and communication systems; Automatic/laser guided lock approach systems; Predictive water level and severe weather alerts; Enhanced fog navigation vision system; Improved crew safety systems and early fatigue warning systems Remote security, operation and maintenance outage scheduling for L/D Tow thrusters

30. 13 May 2002 30 SEA-21 Working Group Recommendations � Research and IT Develop standards for both hardware and documentation to facilitate the use of interoperable automated identification technology systems in cargo/ equipment tracking

31. 13 May 2002 31 R-1: Support the development of standards for both hardware and documentation for AIT Develop standards for both hardware and documentation to facilitate the use of interoperable automated identification technology systems in cargo/ equipment tracking AIT considerations include the frequency (or frequencies) of each type of device the location of the tag on the piece of equipment (i.e. container, chassis) the numbering of the tag documentation format for collecting and transferring data Activities must include bringing the stakeholders together, demonstration projects, and evaluation of alternative solutions

32. 13 May 2002 32 R-1: Support the development of standards for both hardware and documentation for AIT Additional comments Much work has already been done in this area. Instead of reinventing this process for the maritime industry perhaps we can work with the Secretary of Transportation to expand the National ITS Architecture and standards processes to address MTS user services and requirements.

33. 13 May 2002 33 SEA-21 Working Group Recommendations - Human Resources Promote careers, retention and security of MTS jobs to ensure that we have a stable and qualified workforce for the future MTS

34. 13 May 2002 34 H-1: Promote careers, retention and security of MTS jobs to ensure that we have a stable and qualified workforce for the future MTS Promote public education and awareness of careers in MTS. Initiate public education and awareness through technical schools at the secondary level. Provide grant incentives to U.S. Merchant Seaman and U.S. flag operators to help create a larger workforce and more stable industry.

35. 13 May 2002 35 SEA-21 Working Group Recommendations - Environment and Safety Develop ballast water standard benchmark Annex VI Ratification - United States Congress needs to ratify Annex VI of Marpol Public Education - Funding for education of MTS safety and environmental issues Significantly shorten (streamline) the length of time for a project to move from study to permitting to completion

36. 13 May 2002 36 E-1: Develop Ballast Water Standard Benchmark Develop an acceptable standard of ballast water cleanliness

37. 13 May 2002 37 E-2: Annex VI Ratification - United States Congress Needs to Ratify Annex VI of Marpol Secretary of Transportation support sending Annex VI to Senate for advice and consent (approval)

38. 13 May 2002 38 E-3: Public Education - Funding for Education of MTS Safety and Environmental Issues Provide funding to improve public education and awareness of MTS to ensure public understanding that the MTS is safe and friendly to the environment Develop brochures, videos, websites Conduct another MTS Fair in conjunction with Maritime Day 2002 which highlights maritime safety and protection of the environment

39. 13 May 2002 39 E-4: Significantly Shorten the Length of Time for a Project to Move From Study to Permitting to Completion Make the Secretary of Transportation aware of the lengthy process currently involved to take an MTS project from study to completion Promote the need to expedite the process through streaming, especially permitting Ensure coordination with federal agencies

40. 13 May 2002 40 Next Steps Review and, as necessary, refine initiatives Recommendations to the Secretary from the full Council Actions required to move recommendations forward Leadership and schedule for taking agreed actions